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UPC APP 66712/2024

Case details
Status
—
Action
Procedural application
Category
Withdrawal applications
Parties
Claimants
Representatives
Respondents
Representatives
  • Florian Schmidt-Bogatzky
Division
Hamburg LD
Language
—
First decided
Jan 16, 2025
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Hamburg LDLocked
Judge Stefan SchillingLocked

At the UPC: Tesla Group (25 cases)·Broadcom Group (52 cases)

Decisions
  • 2025-01-16
    Application RoP 265Public

    Summary: Hamburg Local Division judge-rapporteur allowed Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE to withdraw their cost assessment application (Rule 156 RoP) in proceedings UPC_CFI_54/2023, where the main action and counterclaim had been withdrawn at appeal level following an out-of-court settlement. The court held that while the Court of Appeal has jurisdiction over the withdrawal of the main proceedings (pending on appeal), the first-instance cost assessment procedure remained before the first-instance judge-rapporteur under Rule 156.2 RoP, who alone could allow its withdrawal under Rule 265 RoP.

    Show the legal issues (3)
    • Jurisdiction over withdrawal of cost assessment when main proceedings on appeal
    • Withdrawal of cost assessment application under Rule 265 RoP
    • Competence of judge-rapporteur under Rule 156.2 RoP
Documents
  • EB09CC1561D9527F1B051A106C07CA3C_de.pdf2025-01-16DE